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Montgomery County Fees

Montgomery County has adopted new fee schedules for the Register of Wills and Clerk of the Orphans’ Court, both effective 8/8/2014. Fees of Register of Wills, 44 Pa.B. 5188 (8/2/2014); Fees of Clerk of Orphans’ Court, 44 Pa.B. 5187 (8/2/2014).

Mental Illness not Bar to Testamentary Capacity

Evidence that decedent had suffered from a mental illness, and was determined to be incapacitated after executing will, was not sufficient to overcome evidence that decedent had testamentary capacity when executing will. Daughter was not in a confidential relationship with decedent, did not receive a substantial benefit, and her involvement in preparing will was not undue influence. Rossi Estate, 4 Fid.Rep.3d 297 (Wyoming Co. O.C. 2014).

Intestate Heirs Standing in Will Contest and Account of Agent

In will contest, executor of probated will (and former agent of decedent under a power of attorney) appealed from the trial court’s demurrer of two preliminary objections, arguing that intestate heirs lack standing to contest the will and lack standing to get an accounting of his actions as agent. The Court wrote that the two appeals were not allowed as a matter of right and that there had been no findings of fact on which an appeal could be based, meaning the appeals should be quashed. Furthermore, intestate heirs have standing if there is a realistic possibility that the will contest will succeed, meaning the decedent died intestate, and an agent is required to account whenever ordered by a court. Gralak Estate (No. 1) and (No.2), 4 Fid. Rep. 3d 280 (O.C. Phila. 2014) (Opinion by Carrafiello, J.)

Waiver of Issues on Appeal from Adjudication of Incapacity

In an appeal from an adjudication of an incapacitated person, the Orphans’ Court explained that the issues not raised at trial should be quashed, because they were waived, and that when jurisdiction was returned to the Orphans’ Court, a review hearing should be scheduled to deal with the issues argued on appeal. Boyce, Incapacitated Person, 4 Fid. Rep. 3d 273 (O.C. Phila. 2013)

Rights of Foster Parents in Termination of Parental Rights

Foster parents lack standing in petition to terminate parental rights, because §2512 of the Adoption Act does not list foster parents as parties that may file a petition to terminate parental rights. However, under §6336.1 of the Juvenile Act, foster parents are entitled to notice of all hearings involving the subject minor and the right to be heard. In re Adoption of E. K., 4 Fid. Rep. 3d 269 (O.C. Mont. 2014) (Opinion by Murphy, J.)

Parental Rights When Living with a Pedophile

A mother’s parental rights were terminated, because she continued to have a relationship with a man, who had been charged with rape and indecent assault of pre-school aged children. In re O.M.H., 4 Fid. Rep. 3d 259 (O.C. Berks 2013) (Opinion by Keller, J.)

Satisfaction of Claims

Posted on August 1, 2014 by Daniel EvansJanuary 13, 2017

When a claim against an estate is filed with the Clerk of the Orphans’ Court in accordance with 20 Pa.C.S. § 3532(b)(2), and the claim is paid or otherwise satisfied without an account being filed with the court, it is…

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Clerks of the Orphans’ Courts

(Last updated 1/24/2020)

The Clerk of the Orphans’ Court of each county in Pennsylvania is responsible for accepting all filings in Orphans’ Court matters, including estate accounts, guardianships, adoptions, and other such estate matters.

The following is a table of the addresses and telephone numbers, together with links to web sites (if any) and on-line information and services, of the Clerk of the Orphans’ Court of the different counties in Pennsylvania. Some of the web sites show only contact information (names, addresses, telephone numbers, etc.). A few allow on-line searches of probate records.

County	Address	Telephone	Fees/Forms/Online Services	Attorney General Regional Office
ADAMS	County of Adams Clerk of Orphans' Court 117 Baltimore Street Room 103 Gettysburg, PA 17325	(717) 337-9806	Fee Schedule Forms Audit Schedule Local Rules (Amended) e-Docket Public Access Rule(s)	Central (Harrisburg)
ALLEGHENY	City-County Building 414 Grant St., 1st Floor Pittsburgh, PA 15219	(412) 350-4180	Fee Schedule Forms Audit Schedule Audit List Local Rules e-Filing Public Access Rule(s)	Western (Pittsburgh)
ARMSTRONG	Courthouse 500 Market Street Kittanning, PA 16201	(724) 548-3220	Fee Schedule Audit Schedule Local Rules Public Access Rule(s)	Western (Pittsburgh)
BEAVER	Courthouse 810 Third St., 1st Floor Beaver, PA 15009	(724) 770-4550	Fee Schedule Forms Local Rules Public Access Rule(s)	Western (Pittsburgh)
BEDFORD	Courthouse 200 S. Juliana St. Bedford, PA 15522	(814) 623-4833	Public Access Rule(s)	Central (Harrisburg)
BERKS	Berks Co. Services Center 633 Court St., 2nd Floor Reading, PA 19601	(610) 478-6600	Fee Schedule Audit Calendar (2024) Local Rules Public Access Pollicy	Eastern (Philadelphia)
BLAIR	Courthouse 423 Allegheny Street Hollidaysburg, PA 16648	(814) 693-3080	Fee Schedule Audit Calendar Local Rules Public Access Rule(s)	Central (Harrisburg)
BRADFORD	Courthouse 310 Main St. Towanda, PA 18848	(570) 265-1702	Public Access Rule(s)	Central (Harrisburg)
BUCKS	Courthouse 55 East Court St., 3rd Floor Doylestown, PA 18901	(215) 348-6265	Fee Schedule Forms Audit Schedule (2015) Local Rules e-Docket Public Access Rule(s)	Eastern (Philadelphia)
BUTLER	County Government Center 124 West Diamond St., Level L P.O. Box 1208 Butler, PA 16003-1208	(724) 284-1409	Fee Schedule Forms Public Access Rule(s)	Western (Pittsburgh)
CAMBRIA	Courthouse 200 South Center Street Ebensburg, PA 15931	(814) 472-1440	Fee Schedule Public Access Rule(s)	Western (Pittsburgh)
CAMERON	Courthouse 20 East 5th Street Emporium, PA 15834	(814) 486-3355	Public Access Rule(s)	Western (Pittsburgh)
CARBON	Courthouse 1 Hazard Square P.O. Box 286 Jim Thorpe, PA 18229	(717) 325-2261	Fee Schedule Forms e-Docket Opinions Public Access Rule(s)	Eastern (Philadelphia)
CENTRE	Willowbank County Office Bldg. 414 Holmes St., Suite 2 Bellefonte, PA 16823 row@centrecountypa.gov	(814) 355-6724	Fee Schedule Audit Schedule Public Access Rule(s)	Central (Harrisburg)
CHESTER	Chester Co. Justice Center 201 W. Market St., Suite 2200 P.O. Box 2746 West Chester, PA 19380-0989 rwills@chesco.org	(610) 344-6335	Fee Schedule Forms Audit Calendar (2015) Audit List Local Rules Public Access Rule(s)	Eastern (Philadelphia)
CLARION	Courthouse 421 Main St., Suite 24 Clarion, PA 16214	(814) 226-4000 Ext. 2500	Fee Schedule Public Access Rule(s)	Western (Pittsburgh)
CLEARFIELD	Courthouse 1 North Second Street, Suite 103 P.O. Box 361 Clearfield, PA 16830	(814) 765-2641 Ext. 1350	Fee Schedule	Western (Pittsburgh)
CLINTON	Courthouse 230 East Water Street Lock Haven, PA 17745	(570) 893-4010	Public Access Rule(s)	Central (Harrisburg)
COLUMBIA	Courthouse 35 West Main Street Bloomsburg, PA 17815	(570) 389-5614	Fee Schedule Public Access Rule(s)	Central (Harrisburg)
CRAWFORD	Courthouse 903 Diamond Park Sq. Meadville, PA 16335	(814) 333-7442	Audit Schedule (2015) Local Rules Public Access Rule(s)	Western (Pittsburgh)
CUMBERLAND	Courthouse 1 Courthouse Sq., Room 102 Carlisle, PA 17013-3387	(717) 240-6345	Fee Schedule Forms Audit Schedule Local Rules Public Access Rule(s)	Central (Harrisburg)
DAUPHIN	Courthouse, Room 103 101 Market. St. Harrisburg, PA 17101	(717) 780-6510	Fee Schedule Forms Audit Schedule Local Rules Public Access Rule(s)	Central (Harrisburg)
DELAWARE	Gov. Center Bldg. 201 W. Front St. Media, PA 19063	(610) 891-4400	Fee Schedule Forms Audit Schedule Local Rules Local Public Access Policy	Eastern (Philadelphia)
ELK	Courthouse 240 Main Street P.O. Box 314 Ridgway, PA 15853	(814) 776-5349	Fee Schedule Public Access Rule(s)	Western (Pittsburgh)
ERIE	Courthouse 140 W. 6th St., Room 122 Erie, PA 16501	(814) 451-6260	Fee Schedule Forms Local Rules Public Access Rule(s)	Western (Pittsburgh)
FAYETTE	Courthouse 61 E. Main St. Uniontown, PA 15401	(724) 430-1206	Audit Calendar (2015) e-Docket Public Access Rule(s)	Western (Pittsburgh)
FOREST	Courthouse 526 Elm Street Tionesta, PA 16353	(814) 755-3526	Local Rules Public Access Rule(s)	Western (Pittsburgh)
FRANKLIN	Courthouse 157 Lincoln Way E. Chambersburg, PA 17201	(717) 261-3805	Local Rules Public Access Rule(s)	Central (Harrisburg)
FULTON	Courthouse 201 North 2nd St. McConnellsburg, PA 17233	(717) 485-4212	Local Rules Public Access Rule(s)	Central (Harrisburg)
GREENE	Courthouse, 1st Floor 10 East High St. Waynesburg, PA 15370	(724) 852-5281 or (724) 852-5282	Local Rules	Western (Pittsburgh)
HUNTINGDON	Courthouse 223 Penn St. Huntingdon, PA 16652	(814) 643-2740	Public Access Rule(s)	Central (Harrisburg)
INDIANA	Courthouse 825 Philadelphia St. Indiana, PA 15701	(724) 465-3860	Fee Schedule e-Docket Public Access Rule(s)	Western (Pittsburgh)
JEFFERSON	Courthouse 200 Main Street Brookville, PA 15825	(814) 849-1610	Public Access Rule(s)	Western (Pittsburgh)
JUNIATA	Courthouse Bridge & Main Streets P.O. Box 68 Mifflintown, PA 17059	(717) 436-7709	Local Rules	Central (Harrisburg)
LACKAWANNA	Courthouse 200 N. Washington Ave. Scranton, PA 18503	(570) 963-6702	Forms Audit Calendar (2015) Local Rules e-Docket Public Access Rule(s)	Central (Harrisburg)
LANCASTER	Courthouse 50 N. Duke Street P.O. Box 83480 Lancaster, PA 17608-3480	(717) 299-8243	Fee Schedule Audit Schedule (2015) Local Rules e-Docket Public Access Rule(s)	Central (Harrisburg)
LAWRENCE	Government Center 430 Court St. New Castle, PA 16101	(724) 656-2143	Fee Schedule Public Access Rule(s)	Western (Pittsburgh)
LEBANON	Municipal Building, Room 105 400 South 8th St. Lebanon, PA 17042-6794	(717) 274-2801 Ext. 2217	Fee Schedule Local Rules Public Access Rule(s)	Central (Harrisburg)
LEHIGH	Courthouse 455 West Hamilton St., Room 123 Allentown, PA 18101-1614	(610) 782-3172	Fee Schedule Local Rules Public Access Rule(s)	Eastern (Philadelphia)
LUZERNE	Courthouse, Penn Place Annex 20 N. River St. Wilkes-Barre, PA 18711	(570) 825-1668	Public Access Rule(s)	Central (Harrisburg)
LYCOMING	Courthouse 48 W. Third Street, 4th Floor Williamsport, PA 17701	(570) 327-2330	Local Rules Public Access Admin. Order	Central (Harrisburg)
MCKEAN	Courthouse 400 W. Main Street Smethport, PA 16749	(814) 887-3260		Western (Pittsburgh)
MERCER	112 Courthouse Mercer, PA 16137	(724) 662-7548	Public Access Rule(s)	Western (Pittsburgh)
MIFFLIN	Courthouse 20 North Wayne St. Lewistown, PA 17044	(717) 242-1449	Fee Schedule Public Access Rule(s)	Central (Harrisburg)
MONROE	Courthouse 610 Monroe St. Stroudsburg, PA 18360	(570) 517-3386	Fee Schedule e-Docket Public Access Rule(s)	Eastern (Philadelphia)
MONTGOMERY	One Montgomery Plaza, 4th Floor P.O. Box 311 Norristown, PA 19404-0311	(610) 278-3400	Fee Schedule Forms Audit Calendar Audit List Local Rules e-Docket e-Filing Public Access Rule(s)(CP) Public Access Rule(s) (OC)	Eastern (Philadelphia)
MONTOUR	Courthouse 29 Mill Street Danville, PA 17821	(570) 271-3010	Fee Schedule Audit Calendar (2015) Public Access Rule(s)	Central (Harrisburg)
NORTHAMPTON	Courthouse 669 Washington St. Easton, PA 18042	(610) 559-3095	Fee Schedule Forms Audit Calendar Opinions Public Access Rule(s)	Eastern (Philadelphia)
NORTHUMBERLAND	Courthouse 201 Market Street Sunbury, PA 17801	(570) 988-4143	Public Access Rule(s)	Central (Harrisburg)
PERRY	Courthouse 25 West Main Street P.O. Box 37 New Bloomfield, PA 17068	(717) 582-2131, Ext. 2237	Fee Schedule Forms Local Rules	Central (Harrisburg)
PHILADELPHIA	City Hall, Room 415 Philadelphia, PA 19107	(215) 686-2230	Fee Schedule Forms Audit Calendar (2023) Local Rules e-Docket e-File Opinions Public Access Rule(s) (OC) Public Access Rule(s) (CP)	Eastern (Philadelphia)
PIKE	Courthouse 412 Broad St. Milford, PA 18337	(717) 296-7231	Fee Schedule Public Access Policy (CP)	Eastern (Philadelphia)
POTTER	1 East Second Street, Room 23 Coudersport, PA 16915	(814) 274-9740	Fee Schedule Public Access Rule(s)	Central (Harrisburg)
SCHUYLKILL	Courthouse 401 N. 2nd St., 1st Floor Pottsville, PA 17901	(717) 628-1382	Fee Schedule e-Docket Public Access Rule(s)	Central (Harrisburg)
SNYDER	Courthouse 9 West Market St. P.O. Box 217 Middleburg, PA 17842	(570) 837-4202	Public Access Rule(s)	Central (Harrisburg)
SOMERSET	111 E. Union St., Suite 145 Somerset, PA 15501	(814) 445-1548	Fee Schedule Audit Schedule Public Access Rule(s)	Western (Pittsburgh)
SULLIVAN	Sullivan County Courthouse 245 Muncy Street Laporte, PA 18626	(570) 946-7351	Public Access Rule(s)	Central (Harrisburg)
SUSQUEHANNA	Courthouse 11 Maple Street P.O. Box 218 Montrose, PA 18801	(570) 278-4600	Public Access Rule(s)	Central (Harrisburg)
TIOGA	Courthouse 116 Main Street Wellsboro, PA 16901	(570) 724-9260	Fee Schedule Audit Schedule Public Access Rule(s)	Central (Harrisburg)
UNION	Courthouse 103 South Second Street Lewisburg, PA 17837	(570) 524-8751	Fee Schedule Public Access Rule(s)	Central (Harrisburg)
VENANGO	Courthouse 1168 Liberty St., 1st Floor Franklin, PA 16323	(814) 432-9539	Public Access Rule(s)	Western (Pittsburgh)
WARREN	Courthouse 204 4th Avenue Warren, PA 16365	(814) 728-3430	Local Rules Audit Schedule Public Access Rule(s)	Western (Pittsburgh)
WASHINGTON	1 S. Main St., Suite 1002 Washington, PA 15301	(724) 228-6775	Fee Schedule Court Calendar Local Rules e-Docket Public Access Rule(s)	Western (Pittsburgh)
WAYNE	Courthouse Annex Court Street Honesdale, PA 18431-1996	(570) 253-5970 Ext. 4030	Public Access Rule(s)	Eastern (Philadelphia)
WESTMORELAND	Courthouse Annex 2 N. Main Street, Suite 301 Greensburg, PA 15601	(724) 830-3177	Fee Schedule Forms Forms Audit Schedule Local Rules e-Docket Public Access Rule(s)	Western (Pittsburgh)
WYOMING	Courthouse 1 Courthouse Square Tunkhannock, PA 18657	(570) 996-2234	Public Access Rule(s)	Central (Harrisburg)
YORK	York Co. Judicial Center 45 N. George St., 2nd Floor York, PA 17401 bcjacobs@yorkcountypa.gov	(717) 771-9288	Fee Schedule Forms Audit Calendar (2015) e-Docket e-File Pulblic Access Rule(s)	Central (Harrisburg)

Liability of Register for Failing to Require Bond

The Pennsylvania Supreme Court has held that a Register of Wills who issues letters to a personal representative without a bond required by law is not immune from liability under the Political Subdivision Tort Claims Act, 42 Pa.C.S. §§ 8541-8542, and may be liable for damages in accordance with 20 Pa.C.S. § 3172. Not decided was whether official immunity under 42 Pa.C.S. § 8546(2) might apply.

Dorsey v. Redman, 96 A.3d 332, 626 Pa. 195, No. 13 WAP 2012 (Pa. 2014)

IRC Section 67 Regulations Deferred

Posted on July 17, 2014 by Daniel EvansJuly 17, 2014

As previously reported, the IRS has published final regulations on the expenses of estates and trusts that are subject to the 2% floor for miscellaneous itemized deductions. T.D. 9664, 79 F.R. 26616 (5/9/2014)

These final regulations require estates and trusts that pay a single “bundled fee” must allocate that fee between expenses that are subject to the 2% floor and expenses that are not. Treas. Reg. § 1.67-4(c). These final regulations are applicable to fiscal years beginning on or after May 9, 2014, and so would apply to most existing estates and trusts beginning January 1, 2015, but would apply to new estates and trusts immediately.

In response to comments, and in order to give fiduciaries more time to “unbundle” their fees, the IRS has amended the final regulations to apply only to taxable years beginning after December 31, 2014.

T.D. 9664, 79 FR 41636 (7/17/2014).